BBC Motion to Compel
BBC lawyer Charles Tobin wrote in the motion that the network has been unable to depose the plaintiff despite months of effort. "Nearly eight months into discovery, after seven depositions of BBC witnesses, and with only two months of discovery remaining, the BBC still has not been able to depose, and does not even have a schedule to depose, the most central figure in this case: Plaintiff himself," Tobin wrote. He added, "There is hardly a more crucial and relevant piece of discovery in a defamation lawsuit than the deposition of the Plaintiff."
The BBC is asking the court to require Trump’s team to confirm a date, notify the BBC of a secure location, and sit for the deposition. "Plaintiff chose to file this lawsuit and, in doing so, he accepted the obligations of civil litigation," the BBC’s motion reads. "The BBC therefore asks the Court to compel Plaintiff to confirm a date for his deposition, notify the BBC of a secure location where such deposition is possible and any other logistics required to ensure Plaintiff’s safety, and sit for the deposition, as the core rules of discovery require."
Magistrate judge Enjoliqué Aytch Lett has scheduled a discovery hearing for Oct. 22, which is expected to address the deposition issue.